Hindustan Unilever Limited v. Amar Soap Industries

914-SL943-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 943 OF 2016 WITH NOTICE OF MOTION (L) NO. 2866 OF 2016 AND LEAVE PETITION NO. 292 OF 2016 Hindustan Unilever Limited ...Plaintiffs

Versus

Amar Soap Industries ...Defendants Mr. Himanshu Kane, with Mr.

Ashutosh Kane & Ms. Niyati Davawala, i/b W.S. Kane & Co., for the Plaintiffs. Mr. Naushad Bhayani, Sales Officer of the Defendant, is present. Mr. M.S. Deshpande, Court Receiver, is present. CORAM: G.S. PATEL, J DATED:

25th October 2016 PC:- 1.

By consent, the Leave Petition is made absolute. 2.

Mr. Nikesh Jayantilal Nagda, Constituted Attorney of the Defendant, who is personally present in Court, submits to a decree in terms of prayer clauses (a), (b) and (d) of the Suit. Mr. Kane, therefore, does not press the prayer for damages. 25th October 2016

914-SL943-16.DOC 3.

The Suit is decreed in these terms with no order as to costs. Drawn up decree is dispensed with. Refund of Court Fees, if any, in accordance with the Rules.

4.

The Court Receiver had sealed certain goods. These are to be destroyed after removing the goods from the impugned packaging by the Defendants at their cost within a period of 12 weeks. The Defendant will file an Affidavit of compliance within a period of sixteen weeks from today. The Defendant may reuse the goods. 5.

The Court Receiver stands discharged without passing accounts but on payment of his costs, charges and expenses within four weeks from today by the Plaintiffs.

6.

Notice of Motion (L) No. 2866 of 2016 does not survive and is disposed accordingly.

7.

All concerned to act on an authenticated copy of this Order. (G. S. PATEL, J.) 25th October 2016